CONTENTS Bacement of Page baker Cameron, representing New York Testing Co., New York, NY 44 Bret Dr F., advisor to president on special technical assignments, 36 28 Bark, George S., Jr., technical director of the National Cotton Coun- W...am T., representing the Society of the Plastics Industry, Frett, W. P., president, Textile Fabrics Association of New York ar i president, National Association of Button Manufacturers, 40 With Street, New York 13, N. Y. (Accompanied by Frederic P. 【』s",tu shes 8. exec tive director and eunsel, National Knitted "wear Association, 386 Fourth Avenue, New York, N. Y...Ate, Ev, attorney, representing the Textile Distributors Instite 927 Fifteenth Street NW, Washington, D. C. Mer Henry, assistant general counsel, in charge of industry cooperston, Federal Trade Commission, Washington, D. C. Morrison, Bess V., head, Textiles and Clothing Division, Bureau of Human Nutrition and Home Economies, United States Departent of Agriculture, Washington, D. C........ 38 38 18 335 41 44 43 8 17 Oren, Matthew H., secretary, Rayon and Acetate Fiber Products Horns Leonard, counsel, National Retail Dry Goods Association, Nett, Waiter M., Assistant Chief, Bureau of Agricultural and Indusa. Chemistry, Department of Agriculture. Department of Commerce, dated May 27, 1952. est of Commerce on S. 2918 amendment, dated June 24, 1952. oral Trade Commission, dated May 23, 1952... General Accounting Office, dated April 15, 1952. submitted by 5: Trade Commission on S 2918 amendment, dated June 20, Nononder Philip W., secretary-treasurer, Retail Merchants' Associa**n of New Jersey, 363 Bloomfield Avenue, Montclair, N. J.. Aar Retail Federation, 1625 I Street NW, Washington, D. C, lai May 27, 1952 56 Art Institute, Ine, Empire State Building, New York, NY. of the Plastics Industry, New York, NY, dated June 6, 1952 Na oral Federation of Textiles, Inc. 389 Fifth Avenue, New 1 x 16 NY, dated June 5, 1952 FLAMMABLE FABRICS MONDAY, MAY 26, 1952 UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The committee met, pursuant to call, at 10 a. m., in room G-16, ed States Capitol Building, Senator Edwin C. Johnson (Colorado) Arman, presiding. ent: Senators Johnson (chairman), and Hunt. As present: Edward Jarrett, clerk. 1 CHAIRMAN. The committee will please come to order. The hearing is on S. 2918, and that will be made a part of the -1 at this point. 2915 is as follows:) [8. 2018, 82d Cong., 2d sess.] sand but the introinetion or movement in Interstate commerce of articles of wearing apparel phorus, which are so highly flaim'nable as to be dangerous when worn by individuals, and for other Fast enacted by the Senate and House of Representatives of the United States of nerea in Congress assembled, SHORT TITLE 1. This Act may be cited as the "Flammable Fabrics Act". 2 As used in this Act DEFINITIONS I ́e term “person” means an individual, partnership, corporation, associa* v other form of business enterprise, engaged in the manufacture or sale * herein affected. ise term 'commerce" means commerce among the several States or with rations, or in any Territory of the United States or in the District of nig or between any such Territory and another, or between any such Terrivy State or foreign nation, or between the District of Columbia and any Territory or foreign nation. The term Territory" includes the insular possessions of the United States Bar: territory of the United States. The term "article of wearing apparel" means any costume or article of "g worn or intended to be worn by individuals except hats, gloves, and 1 etern, "fabric" means any material (other than a filament or yarn) *ted feited, or otherwise produced from or in combination with any syntetic fiber, film, or substitute therefor when intended for use in "scture of wearing apparel except that interlining fabrics when used as ut be considered wearing apparel. term "commercial standard” means a trade standard for flammability ed sccording to the procedures of the Commodity Standards Division 1 States Department of Commerce and promulgated by the Secretary . De term "Commission" means the Federal Trade Commission. he term “Federal Trade Commission Act" means the Act of Congress - An Act to create a Federal Trade Commission, to define its powers and a1 for other purposes", approved September 26, 1914, as amended, Federal Trade Commission Act approved March 21, 1938. PROHIBITED TRANSACTIONS SEC. 3. (a) The manufacture or sale in commerce, or the introduction, delivery for introduction, transportation or causing to be transported for the purpose of sale or delivery after sale in commerce, of any article of wearing apparel which is so highly flammable as to be dangerous when worn by individuals, shall be unlawful. (b) The sale in commerce, or the introduction, delivery for introduction, transportation or causing to be transported, for the purpose of sale or delivery after sale in commerce, of any fabric which is so highly flammable as to be dangerous when worn by individuals, shall be unlawful. STANDARD OF FLAMMABILITY SEC. 4. No article of wearing apparel or fabric shall be deemed so highly flammable under the provisions of this Act as to be dangerous when worn by individuals unless when tested under the conditions and in the manner prescribed therefor in the then applicable commercial standard promulgated by the Secretary of Commerce such article of wearing apparel or fabric exhibits rapid and intense burning as defined in that standard. ADMINISTRATION AND ENFORCEMENT SEC. 5. (a) Except as otherwise specifically provided herein, the provisions of this Act shall be administered and enforced by the Federal Trade Commission. (b) Whenever the Commission has reason to believe that any person is violating or is about to violate any provision of this Act, the Commission is authorized and directed to cause inspections, examinations, and tests to be made of articles of wearing apparel and fabrics subject to the provisions of this Act. (c) Whenever the Commission has reason to believe that any person is violating or is about to violate any provision of this Act, and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act is issued and dismissed by the Commission or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States or in United States court of any territory for the district or territory in which such person resides or transacts business, to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond. (d) Whenever the Commission has reason to believe that any article of wearing apparel has been manufactured or introduced into commerce or any fabric has been introduced in commerce in violation of the provisions of this Act, it may institute proceedings by process of libel for the seizure and confiscation of such article of wearing apparel or fabric in any district court of the United States within the jurisdiction of which such article of wearing apparel or fabric is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical articles of wearing apparel or fabrics are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings. (e) In any such action the court upon application seasonably made before trial shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the article of wearing apparel or fabric seized. (f) If such articles of wearing apparel or fabrics are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payinent of legal costs and charges and upon execution of good and sufficient bond to the effect that such articles of wearing apparel or fabrics will not be disposed of for wearing apparel purposes until properly and adequately treated or processed so as to render them lawful for introduction into commerce, or by sale upon execution of good and sufficient bond to the effect that such articles of wearing apparel or fabrics will not be disposed of for wearing apparel |